Case law

Leslie v. United States

District Court, M.D. Florida · Sep 16, 2022

Nor has Leslie established prejudice. … Instead, he alleges only that “[i]t clearly would have been in Movant’s best interest to plead guilty without the limitations of a Plea Agreement.

Edwards

District Court, M.D. Florida · Mar 25, 2026

the Court to dismiss this case at any time if the Court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted or seeks monetary relief against a defendant who is immune … Notably, he does not clearly or overtly allege he submitted a proper request to participate in Passover, but the request was denied because he is not approved for RDP or CFO. See Complaint at 4.

Chavis v. Commissioner of Social Security

District Court, M.D. Florida · Nov 13, 2019

These regulations establish a “sequential evaluation process” to determine if a claimant is disabled. See 20 C.F.R. § 404.1520. … I find the record clearly establishes that Plaintiff has SLE. See R. 1235 (“47yo woman w aggressive form of SLE confirmed by immulogic studies w/ mult affected organ systems”).

Velazquez v. Commissioner of Social Security

District Court, M.D. Florida · Dec 16, 2019

“The EAJA ... establishes a two-step analysis for determining the appropriate hourly rate to be applied in calculating attorney’s fees under the Act.” Meyer v. Sullivan, 958 F.2d 1029, 1033 (11th Cir. 1992). … To do otherwise amounts to awarding interest for which the United States has not waived sovereign immunity. Id.; see also United States v.

Royal Palm Village Residents, Inc. v. Slider

District Court, M.D. Florida · Sep 15, 2021

In that event, the district court is bound to defer to the factual determinations of the magistrate judge unless those findings are clearly erroneous. Cooper-Houston v. S. Ry. … “Statements ‘necessarily 7 “That doctrine provides, in the Supreme Court's words, that ‘defendants are immune from . . .

Gray v. United States

District Court, M.D. Florida · May 7, 2020

In Ground Two, Gray contends his appellate counsel was ineffective in failing to argue trial counsel ineffectiveness, as appellate counsel fail to raise a claim on appeal that was clearly … In any event, the claim fails since Gray is unable to establish prejudice. 6 to raise a meritless claim.”).

Bemesderfer v. United Parcel Service, Inc.

District Court, M.D. Florida · Dec 14, 2023

Baldwin”) as package car drivers and both are deaf and cannot speak clearly. (Doc. 138, pp. 7–8). … Bemesderfer contends that, even using this criterion, he is qualified for the position because he can speak clearly and can hear well with the use of hearing aids. (Doc. 138, p. 8).

Adkins v. Commissioner Social Security

District Court, M.D. Florida · May 18, 2020

“The EAJA ... establishes a two-step analysis for determining the appropriate hourly rate to be applied in calculating attorney’s fees under the Act.” Meyer v. Sullivan, 958 F.2d 1029, 1033 (11th Cir. 1992). … To do otherwise amounts to awarding interest for which the United States has not waived sovereign immunity. Id.; see also United States v.

Moore v. United States

District Court, M.D. Florida · Aug 1, 2023

The PSR established a thirty point base offense level. Id. at 13. … And, at the time of Petitioner’s sentencing, a federal conviction under sections 841(a) or 846 clearly qualified as a “controlled substance offense” under the career offender guidelines as well. See United States v.

Farm Credit of Florida, ACA v. Sugarleaf Timber, LLC

529 B.R. 317 · District Court, M.D. Florida · Mar 23, 2015

In order to qualify as the “indubitable equivalent” of its claim, “the treatment must be completely compensatory.” In re Riddle, 444 B.R. at 685 . … The Bankruptcy Court did not clearly err in this regard.

International Ship Repair & Marine Services, Inc. v. St. Paul Fire & Marine Insurance

944 F. Supp. 886 · District Court, M.D. Florida · Nov 6, 1996

In this case, the warranty of seaworthiness is qualified by the policy’s In-chmaree clause, in that, St. … Beech Aircraft Corp., 723 F.Supp. 1444, 1446 (M.D.Fla.1989) (“Section 768.72 ... is clearly substantive because it sets the standard for establishing a claim for punitive damages.

Garcia

District Court, M.D. Florida · Mar 16, 2026

In this context, “clearly established federal law” consists of the governing legal principles, and not the dicta, set forth in the decisions of the United States Supreme Court at the time the state court issued its … A decision is contrary to clearly established federal law if the state court either: (1) applied a rule that contradicts the governing law set forth by Supreme Court case law; or (2) reached a different result from the

Thomas v. Esposito

District Court, M.D. Florida · Nov 23, 2020

Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal theories are "indisputably meritless," id. at 327, or when the claims rely on factual allegations which are "clearly baseless." … Here, Thomas cannot establish the second element.

Scott v. Sarasota Doctors Hospital, Inc.

145 F. Supp. 3d 1114 · District Court, M.D. Florida · Nov 5, 2015

Prima Facie Case ■ In order to establish her prima facie case of gender discrimination, Scott must show that: (1) she is a member of a protected class (female); (2) she was qualified to perform her job; (3) she suffered an … Case - Here, Scott has clearly established a prima facie case against both the Hospital and Emcare; the record suggests that both were aware of her charge of discrimination at the time that she was removed from the Hospital

Sands v. Wainwright

357 F. Supp. 1062 · District Court, M.D. Florida · Jan 5, 1973

There is no principle of due process more clearly established. Cole v. Arkansas, 333 U.S. 196, 201 , 68 S.Ct. 514 , 92 L.Ed. 644 (1948). The right to notice may not be taken away, Snyder v. … The usage of such hearing officers would be clearly preferable, 64 .

Lingard v. Holiday Inn Club Vacations, Inc.

District Court, M.D. Florida · Feb 14, 2025

class is adequately defined and clearly ascertainable.” … Defendants do not otherwise challenge whether the proposed class is adequately defined and clearly ascertainable. (See Dkt. 77.)

Davis

District Court, M.D. Florida · Aug 11, 2026

That determination was neither contrary to nor an unreasonable application of clearly established federal law. … Davis identified no qualified expert who would have supported the proposed theory, alleged no facts demonstrating that such testimony actually existed, and failed to establish that the proposed evidence would have been

United States v. Diecidue

448 F. Supp. 1011 · District Court, M.D. Florida · Mar 10, 1978

Attorney other than the one who tried the case, and a new trial was ordered where a promise of immunity previously given to a key Government witness by the non-trial attorney had not been disclosed to the defendant during … From the standpoint of the pending motions, however, it is enough that the answer was clearly false. 10 . Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). 11 .

Torres v. Pasco County Board of Commissioners

District Court, M.D. Florida · Aug 11, 2021

She fails to provide information establishing the frequency of the conduct and does not include more specific dates. … However, as discussed above, she does not clearly identify any of the dates associated with most of the adverse employment actions she claims took place. As such, she has failed to sufficiently allege a claim.

Best

District Court, M.D. Florida · Jan 12, 2026

A decision involves an “unreasonable application” of clearly established federal law “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … Accordingly, “[t]he focus . . . is on whether the state court’s application of clearly established federal law is objectively unreasonable, and . . . an unreasonable application is different from an incorrect one.”